Chronic fatigue sufferer wins unfair dismissal claim
December 23rd 2019An occupational therapist who lost her job after years of suffering from chronic fatigue syndrome has won her claim of discrimination and unfair dismissal. Ms D Ward had worked for Northumberland Tyne & Wear NHS Foundation Trust since 2000. The trust operated a sickness and absence management policy under which employees faced disciplinary action if they had more than three absences from work in a 12-month period. In 2009, Ward…
Winter Solstice Wild Swimming Adventure Attracts Cumbria Legal Executive
December 19th 2019WILD swimming meets the Winter Solstice in the English Lake District this weekend and Laura Clarke wouldn’t miss it for the world. Laura, whose outdoor adventures include trekking to Everest Base Camp, loves nothing more than an early morning dip in the tranquil waters of the Lake District. “There’s just you and the water surrounded by amazing scenery at the first light of day,” said Laura. “It takes your mind…
Tenants win enfranchisement appeal over freehold of flats
December 18th 2019A group of tenants have won their appeal to exercise the right of collective enfranchisement and acquire the freehold of their flats. The properties were owned by Grosvenor (Mayfair) Estate and held on a long lease by K Group Holdings Inc (2019). The issue arose after Aldford House Freehold Ltd, the nominee purchaser for 17 lessees, served an initial notice claiming to exercise the right of collective enfranchisement on the…
Ryanair discriminated against flight attendant over brain tumour
December 16th 2019The Employment Tribunal has ruled that the airline Ryanair discriminated against a flight attendant when she returned to work after being diagnosed with a brain tumour. Margita Dworak had worked for Ryanair from 2004-2018 and was a senior flight attendant at the time she resigned. In 2015, she began to experience severe headaches. These lasted for years and in 2017 she visited a specialist in Poland. She was later hospitalised…
Financial adviser unfairly dismissed after ‘spurious allegations’
December 6th 2019A financial adviser was unfairly dismissed after his employer put unreasonable pressure on him to extend a restrictive covenant. That was the decision of the Employment Tribunal in a case involving Peter Ward, who worked as a financial planning provider for Fiducia Comprehensive Financial Planning from 2009-2018. In May 2018, Ward resigned from the company and gave his three months’ notice, stating that he intended to spend more time with…
Landlord entitled to evict disabled tenant over anti-social behaviour
December 4th 2019A housing association was entitled to evict a disabled tenant even though it had failed to comply with its public sector equality duty (PSED) under the Equality Act 2010. That was the decision of the Court of Appeal in a case involving Aldwyck Housing Group Ltd. One of its tenants, who was physically disabled, had been given a formal warning about the anti-social behaviour of various visitors to his flat.…
Mulberry wins confidentiality agreement dispute with employee
December 2nd 2019The fashion house Mulberry has successfully defended a discrimination claim from a former employee who was dismissed after refusing to sign a confidentiality agreement. The case involved designer Anna Gray, who had access to some of Mulberry’s designs ahead of their launch to market. She was dismissed after she refused to sign a confidentiality agreement. Mulberry believed that by refusing to sign, she intended to copy some of its products.…
Employers wrong to dismiss worker who could not take on a full-time role
November 25th 2019The Employment Tribunal has ruled that an employee was unfairly dismissed after her company diluted her job share arrangement and created new roles that were only available to full-time workers. The case involved an employee of Capita Customer Management Limited named Mrs J McBride. She worked as head of quality and compliance before taking maternity leave in April 2015. She returned to work two years later and resumed her duties,…
Brothers fail to overturn their mother’s will leaving estate to sister
November 20th 2019Three brothers have failed in their bid to overturn their mother’s will, which left nearly all her estate to their sister. The mother had originally made a will dividing her estate equally between her four children. However, her views changed after her health began to deteriorate in 2009 and her daughter came to live with her as her carer until she died in 2016. The brothers offered only limited help…
Worker was discriminated against due to his ‘perceived religion’
November 18th 2019A Royal Mail worker was a victim of racial discrimination even though the comments made towards him were not specifically about his own religion. That was the ruling of the Employment Tribunal at a recent hearing involving Mr Shunmugaraja, who was a manager at the Royal Mail Cardiff depot. He described himself as a Hindu of British-Indian origin. One of his workers, Mr Brown, refused to complete various tasks, and…
